Stryker brigade snag

Kudos to Joan Conrow for monitoring the depleted uranium (DU) issue at Schofield Barracks and writing a great article in the Honolulu Weekly.   The Army tried to move ahead with construction plans for the Stryker Brigade expansion in an area contaminated with DU.  But the Nuclear Regulatory Commission (NRC) must approve all activity by the Army involving radiological materials like DU.   The Army only applied for a permit to “possess” DU, arguing that it intended to leave the material in place and not disturb it by any activities.  But recently, the Army planned to burn grass and begin construction in a contaminated area, which would constitute a removal or clean up action, something not allowed under the Army’s requested permit. As Conrow reports, the NRC “snapped”.  This may delay the Army’s plans.   Furthermore, it reveals the dishonesty of the Army in its handling of contamination and cultural issues.

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Stryker brigade snag

In tense meeting, regulators snap over depleted uranium
Joan Conrow | Nov 3, 2010

Stryker / Plans to construct a Stryker Brigade training area at Schofield Barracks ran afoul of the Nuclear Regulatory Commission (NRC) because the Army has no license to handle the toxic depleted uranium there.

This was underscored during the Army Corps of Engineers’ Oct. 29 informational briefing to the NRC in Washington, DC. (This reporter attended the meeting via conference call.)

The Corps had planned to begin the $80 million construction project this week with a controlled burn at the range. Instead, NRC staff warned the Corps that it risked sanctions if it proceeded because it has no license to possess, decommission or transport radioactive depleted uranium at Schofield.

Depleted uranium from weapons likely used in training between 1962 and 1968 was discovered at Schofield Barracks in August 2005, according to information available at the NRC’s website.

“I’m putting you on notice that this could constitute potential deliberate violations of NRC regulations,” NRC attorney Brett Klukan told Hans Honerlah, chief of the Corps’ Radiation Safety Office. “We don’t approve of what you’re doing right now. There needs to be a review and approval of what you do. You are outside the process.”

It was also disclosed at the briefing that the Army conducted an unauthorized cleanup of soil contaminated by depleted uranium at Schofield in 2008. Some of that material was already transported out of the state and some remains stored in Hawaii awaiting shipment.

“Under what legal authority did you remove this DU?” Klukan asked Honerlah.

“It was an Army call,” Honerlah said. “We had the choice of leaving it there or properly disposing of it, so we disposed of it.”

“So you didn’t really do that analysis to see if you had legal authority to dispose or transport this material,” Klukan pressed.

Honerlah said the cleanup work was done under the license of the Army’s contractor, Cabrera Services. But NRC staff said the Army, as the owner of the radioactive material, must hold the license.

“This shows the Army has been playing fast and loose with the rules,” said Kyle Kajihiro of Demilitarize Hawaii. “That’s what we’ve found all along. They’ve given misinformation to the public and to the regulators. That’s why we can’t trust that they [the Army] will do the right thing by the community.”

The NRC said it would investigate the 2008 clean up as part of its ongoing review of whether enforcement actions should be taken against the Army for unlicensed activities involving depleted uranium dating back to the 1960s.

The dense, toxic material served as ballast in the M101 “spotting rounds” used in Hawaii and elsewhere for training in conjunction with the Davy Crockett recoilless gun, one of the smallest nuclear weapons ever built.

The Army has applied to the NRC for a license to possess 17,600 pounds of depleted uranium at its American installations, including Schofield and Pohakuloa Training Area on Hawaii Island. But Klukan said the application was for possession only.

“We were never made aware the Army intended to pursue decommission,” he said, adding that the NRC had advised the Army that areas with depleted uranium should not be disturbed.

Klukan said the Army must either amend its application or seek a separate license to conduct the decommissioning work.

Klukan also rapped the Corps for attempting to proceed with the Stryker construction project without first running its plans by the NRC.

“Where did you get the authority to think the NRC wouldn’t need to review the remediation plans?” Klukan asked.

“We didn’t think it was decommissioning,” Honerlah replied. “We thought it was just cleaning up the area to make it safe for construction.”

NRC staff said it typically takes the agency a year to review technical plans.

“Usually an applicant gives us notice of an activity of such magnitude so we can rally resources,” Klukan said. “You guys want to start next week.”

Honerlah said all the plans have been completed in draft form, but only half have been finalized.

“Do we have to notify them [NRC] and get approval of all our activities?” asked a Cabrera staff member of his attorney during a break in the proceedings. The attorney, apparently unaware that his voice was not muted on the conference call, replied: “I guess that depends on how they interpret what we’re doing.”

Klukan also noted that the Army claimed in its application that it did not know how much depleted uranium it actually possesses because it could not conduct a full survey of its ranges.

“But now we’re finding in an area where you want to do a full survey, you can. I’m highly concerned about that. So it is possible to clean up the unexploded ordnance, which we were told was not possible.”

“Anything’s possible,” Honerlah said. “It’s a question of cost.”

Honerlah said he would need to talk to his supervisors about how the NRC’s stance would affect the construction schedule, although he did note “it could take years” to complete the agency’s review process.

Kajihiro said he hoped the delay would support efforts to gain protection for archaeological sites and burials that would be impacted by construction.

All original content copyright 2010 Honolulu Weekly.

Strykers: Following public outcry, OHA calls on Army to honor 2008 agreement

The Hawaii Independent published another piece on the Army’s failure to conduct cultural surveys for the areas affected by its Stryker brigade expansion and the follow up action by the Office of Hawaiian Affairs calling on the Army to honor terms of a 2008 settlement agreement. The Hawaii Independent reports: “According to the settlement, OHA does have the option, if the two parties cannot come to a consensus on the identification of historic properties eligible for the Register, of seeking an injunction to halt construction should attempts at mediation prove unsuccessful.”

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http://thehawaiiindependent.com/story/stryker-update/

Strykers: Following public outcry, OHA calls on Army to honor 2008 agreement

Aug 08, 2010 – 02:06 PM | by Samson Kaala Reiny

HONOLULU—Amid public outcry, the Office of Hawaiian Affairs (OHA) has requested that the U.S. Army honors a 2008 agreement that helps identify and protect cultural sites.

A week after OHA officials met face-to-face with concerned members of the Hawaiian community over a damning archaeological report the organization sat on for almost a year, a letter was sent to the Army on Friday, August 6, requesting that the military “promptly evaluate the historic properties” discovered.

READ MORE

Download OHA’s letter to Army Garrison_8-6-10

Download the 2008 settlement agreement between OHA and the Army.

Christopher Monahan’s full report on the Stryker vehicles and cultural sites can be viewed at http://www.scribd.com/doc/48829377/09-Monahan-Report.

OHA ‘drops the ball’ in protecting cultural sites from Stryker brigade

The Hawaii Independent has published an exclusive article about a formerly secret archaeological and cultural report contracted jointly by the Army and the Office of Hawaiian Affairs (OHA) for areas affected by the Army’s Stryker Brigade expansion. The article states:

The report, written by independently contracted archaeologist Christopher Monahan, comments on the Army’s numerous shortcomings in its attempts at documenting cultural sites, which, if included on the National Register of Historic Places, offers them various protections from being disturbed.

The report was the end result of a lawsuit OHA filed against the Army in November 2006 alleging violations against the NHPA and the Native American Graves Protection and Repatriation Act (NAGPRA). Cultural monitors claimed that numerous sites were being mistreated or were endangered, including Haleauau heiau near Schofield Barracks, whose protective buffers were razed by bulldozers in July of that year.

In October 2008, a settlement was reached where OHA would drop its lawsuit based on its then knowledge of the existing surveys and reports. In return, the Army allowed the independently contracted archaeologist, Monahan, as well as OHA staff, access to Stryker Brigade sites for a total of 50 days in order to draw up an objective second opinion. OHA had the option then to proceed with mediation or litigation based on the new findings.

The article describes some of the findings and conclusions in the archaeologist’s report:

Monahan is critical of the methods used in the previous surveys conducted by the military and its hired firms, recognizing there are issues with the competency of the field personnel involved. It also notes a general lack of subsurface testing, or excavating, to locate such sites. Instead, there are “mere guesses … and based on relatively little scientific data.”

At some locations, Monahan’s findings more than doubled the number of known features the Army had previously reported.

There is also concern regarding numerous earlier reports—ones that evaluated surveys taken of impacted areas—that were not made available to him because they were in draft form. Most problematic was a major report on the Kahuku Training Area, which was completed six years ago but is still not available.

The Army is systematically erasing the history and sacred places in Lihu’e, Kahuku, Pohakuloa and the other areas impacted by its Stryker Brigade expansion. The report by an independent archaeologist blasts the Army for numerous violations and failings and calls for protection of the vast and important cultural site complex in Lihu’e, O’ahu, once the ancient seat of government for O’ahu chiefs. Meanwhile OHA sat on this urgent information.

READ THE FULL ARTICLE HERE

DOWNLOAD THE MONAHAN REPORT HERE

Army desecration of burials angers Native Hawaiians

Yesterday, a representatives of Native Hawaiian organizations and other supporters went on a site visit to the area in Lihu’e (Schofield range) where the Army desecrated the burials of at least two individuals, including an adult and a child.  Poi pounders and other cultural implements were also found at the site.

The Army’s propaganda spin machine has sought to make the desecration into “protection” and a cultural access into “consultation”.  The Honolulu Advertiser article at bottom is inaccurate.   It states that “All work was immediately halted.” But this is a false statement.

After the first bone was unearthed, the contract archeologist working for Garcia and Associates (GANDA) ordered the earth moving work to continue for another half-hour until more bones were found, in violation of federal and state laws that require all activity to cease when bones are unearthed.

The desecration of the sites in Lihu’e is happening on a massive scale.  But since these areas are in live fire ranges and off limits to civilians, the destruction is largely invisible to the public. Below is the press release from Native Hawaiians who visited the site and performed ceremony for the ancestors that had been unearthed by the Army.

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May 28, 2010


Hawaiian Community Angered by Desecration of Burials at Schofield Barracks

Lihuʻe, Oʻahu. Representatives from several organizations concerned over the U.S. Armyʻs recent disturbance of ʻiwi kupuna (ancestral remains) visited the site on Schofield Barracks where a cultural complex was disturbed by Stryker-related construction. They were told by Laurie Lucking, cultural resource manager for U.S. Army Garrison-Hawaii, that the area where the ʻiwi kupuna was unearthed would be “closed forever.” But military construction and training continue to destroy many other cultural sites in a large expanse of land sacred to native Hawaiians.

Leimaile Quitevis, former cultural monitor who documented many of the sites in Lihu’e and a member of the Oʻahu Island Burial Council comments on the significance of the cultural site complex. “Hundreds of archaeological site features have been identified in the immediate vicinity of Stryker Brigade construction. In addition, more than 300 surface artifacts were collected by Army representatives. The massive amount of cultural properties located in this area help to paint the picture of the pre-contact land use of Lihue. The significance and importance of this landscape to Kanaka Maoli is limitless. Lihuʻe was once the ruling center of Oʻahu, hosting famous rulers and infamous battles. This history is important when evaluating and assessing the historic properties that have been identified. These sites are not isolated ‘archaeological sites.’ They are features, pieces of a puzzle, and parts of a whole. These sites are part of a complex that laments and praises the history and culture of our ancestors. Several bone fragments have been documented throughout the project area. None of these bones have ever been positively identified by a qualified osteologist. In addition clusters of artifacts are treated as isolated finds rather than actual sites. To date this project has damaged numerous petroglyphs, desecrated a minimum of two individual’s graves and breached the site protective measures of Haleauau Heiau.”

“The Army failed to do adequate cultural site investigations and consultations before drawing up and proceeding with its Stryker brigade plans,” said Summer Mullins a representative from Kipuka, one of the three native Hawaiian groups involved in the 2004 litigation against Stryker expansion. This was the first time that she and many others were given access to the area once recognized as the seat of government for Oʻahu aliʻi. In the past, groups had made several requests for access that were ignored or denied by the Army.

She added, “This desecration was completely avoidable. It was not an ʻinadvertent discovery,’ as the Army claims. They need to be held responsible for their actions. The Army failed to listen to the strong concerns raised by cultural monitors and community members years ago about the cultural importance of the Lihu’e area. Our wahi pana and wahi kapu are not appropriate training areas.”

“When our Kanaka Maoli people say do not disturb an area but their advice is not heeded, this does not constitute ‘proactive dialogue.’ Desecration was predictable. We are faced with the problem that the Army occupies a vast area that physically retains important cultural sites and burial grounds. No matter what, access to these sites must be guaranteed to our kanaka maoli people. It is their traditional right to visit, care for and continue passing on history to the next generation,” said Terri Keko’olani of the American Friends Service Committee.

Representatives were angered by the Armyʻs initial claim that they were protecting the discovery, as their actions painted a completely different picture. “The assertion that ‘all work was immediately halted’ is false. The contract archaeologist for Garcia and Associates (GANDA) ordered digging and grading to continue after the first ʻiwi was found, a violation of Federal and State laws that call for all activity to cease. Earth moving activity stopped only after more bones were exposed,” added Leimaile Quitevis.

According to Tom Lenchanko, spokesperson for lineal descendants of the area, “The families object to any process where our human remains are damaged, with no sensitivity to the lands of our Lo Aliʻi – Lihuʻe, Wahiawa and Helemano encompassing over 35,000 acres that is Kukaniloko. This is our national treasure. Our kupuna are all over that aina, and the military is blatantly disrespecting our ancestral burial sites.”

“This is Hawaiian land, we all know that the US military has no moral or legal authority over our lands or resources,” said Andre Perez of Hui Pu. “Relocating the bones of our ancestors for warfare training is unacceptable. It is the military who needs to relocate.”

Noelani DeVincent, kumu hula and member of the Wahiawa Hawaiian Civic Club was heartbroken to see this sacred place ripped apart, “It was a really emotional experience to see such a huge wrong being done towards our people. It is our kuleana to right this wrong, but how can we trust the Army will take care of this place?”

Leimaile Quitevis added “Our kupuna are calling us to look to the lands of Lihuʻe. We must kukulu kumuhana (pull our strengths) and work together to defend the bones of our ancestors and the rich history of this ʻāina.”

Other participants in the cultural access include Kai Markell and Kamoa Quitevis of the Office of Hawaiian Affairs, William Aila of Hui Malama i Na Kupuna, Melva Aila of Hui Malama o Makua, and Kyle Kajihiro of the American Friends Service Committee.

Photo by Kai Markell at Lihu’e complex, Schofield Barracks. Many significant cultural sites are being destroyed by current Stryker-related construction.

Photo by Kai Markell at Lihuʻe complex, Schofield Barracks. Concerned Native Hawaiianʻs and community members inspect damage to cultural sites caused by Stryker-related construction.

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http://www.honoluluadvertiser.com/article/20100528/NEWS25/5280343/Army+consults+agencies++on+relocation+of+bones

Posted on: Friday, May 28, 2010

Army consults agencies on relocation of bones

Advertiser Staff

Army officials yesterday said they invited representatives from the State Historic Preservation Division, Office of Hawaiian Affairs, O’ahu Burial Council, ‘Ahu Kukaniloko and Hui Malama I Na Kupuna O Hawai’i Nei to visit a Schofield Barracks construction site where human remains were discovered earlier this month.

“Now that the remains have been found, the decision must be made whether the remains should stay where they were found, or whether they should be relocated to a more appropriate site where they would not be disturbed again,” Laurie Lucking, cultural resource manager for U.S. Army Garrison-Hawaii, said in a statement.

Lucking said the remains were found in an Army training area where military vehicles will be operating and performing exercises “and we are seeking recommendations from the representatives on this matter.”

The Army said it will publish a general notice to allow claimants an opportunity to consult with the Army on the final disposition of the remains once a decision is made on whether to move the remains from their location.

An Army-contracted cultural monitor from Garcia and Associates was on site when a single bone fragment was found on May 14 in a mound of earth that had recently been excavated. All work was immediately halted.

Strykers (and DU) on Parade in Hilo?

Mahalo to Joan Conrow and the Hawaii Independent for this article about Hilo residents’ opposition to Strykers and possible Depleted Uranium contamination being in the Veteran’s Day Parade. 

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http://thehawaiiindependent.com/page-one/read/veterans-parade-hit-with-du-concerns/

Hilo Veterans’ Day parade hit with depleted uranium concerns

Nov 05, 2009 – 12:35 PM | By Joan Conrow | The Hawaii Independent

HILO—Plans to include vehicles from Hawaii Island’s Pohakuloa Training Area (PTA) in Saturday’s Veteran’s Day parade in Hilo have met opposition from those concerned about glorifying war and possible contamination by depleted uranium (DU).

Jim Albertini, director of the Malu Aina Center for Non-violent Education & Action, said that after event organizers told him Stryker vehicles would be participating in the parade, he wrote to Lt. Col. Warline S. Richardson, the PTA’s commanding officer, to express his concerns.

“Including Stryker vehicles in the parade is a provocative action that glorifies war disguised as honoring veterans,” Albertini wrote in his October 30 letter. “I urge that Strykers and other combat weapons be kept out of the parade. To parade these killing machines through our peaceful streets desensitizes young and old to the horrors of war.

“As you know, basing Strykers in Hawaii has been a major controversy,” the letter continued. “Their use of Depleted Uranium (DU) weapons in Iraq contaminating that country forever is equally controversial, and likely related to the Gulf War Syndrome that has effected [sic] the health of hundreds of thousands of disabled U.S. veterans and millions of Iraqi citizens. The fact that these Strykers are currently doing live-fire training at Pohakuloa, known to be contaminated with DU, risks spreading that contamination, endangering the health and safety of troops and the citizens of this island. Bringing these Strykers, that may be contaminated with DU, down the streets of Hilo adds insult to injury.”

Albertini said that Richardson contacted him early the next morning and said she was willing to keep mobile weapons out of the parade in order to avoid a protest, and instead would send “command Strykers” that were outfitted with communications equipment rather than weaponry.

But he said Richardson was not receptive when he raised the concern that any vehicles from PTA could be contaminated with DU oxide: “I don’t think she takes that issue very seriously.”

Albertini said that fear about possible DU contamination from the training area was widespread on the Big Island, and had prompted the Hawaii County Council to pass a 2008 resolution “ordering a complete halt to B-2 bombing missions and all live firing exercises and other actions at PTA that create dust until there’s an assessment and clean up of the depleted uranium already present.”

When contacted by The Hawaii Independent, Richardson said: “Those vehicles aren’t contaminated. What would they be contaminated with?” Richardson also denied that she had agreed to let command Strykers participate in the parade. “I don’t control those vehicles,” she said.

“She’s telling two different stories,” Albertini countered.

Loran Doane, media relations chief for the U.S. Army Garrison, said that event organizers had asked the Army to participate in the parade, but “no final determination has been made as to exact form that participation will take.” He said a decision likely would be made by noon Friday.

He also said that the Army has a “process and standards for cleaning military vehicles before entry into the U.S.”

The fact sheet for cleaning vehicles states: “Those identified as contaminated with DU are wrapped in plastic and tarps (encased) to prevent the spread of any removable contamination or residues. They are then shipped through the Port of Charleston, South Carolina, to the U.S. Army’s Aberdeen Proving Ground (APG), Maryland. Here, the vehicles are assessed for decontamination and repair, or for recovery of parts.”

Richardson also said she could not understand the objection to Styrkers. “It’s just a wheeled type of a piece of equipment. I just don’t understand a little bit of the concern,” she said, likening them to Toyota releasing a new version of the Maxima. ”Part of it is education. That’s why you want to let them participate in parades.”

Meanwhile, Major Doug Rokke (Ret.), the former director of the U.S. Army Depleted Uranium project, issued a statement in response to the parade plans that read:

“Any and all combat vehicles and equipment (everything) returned from Iraq should be prohibited from any civilian area. A standard wash rack is useless for decontamination. Keep all contaminated equipment isolated to the army post. Army regulation 700-48, section 2-4 requires isolation from all human contact.

“Even after extensive depot level cleaning, I found DU and other radiological, chemical, and biological contamination in vehicles years later.

“The gross contamination of equipment, vehicles, terrain, air, water, soil, and food is reflected in, and verified by, the hundreds of thousands of U.S. casualties with serious medical problems that are unrelated to bullets or bombs, but are directly related to all of these toxic exposures.

“Hawaii’s isolated and pristine environment should not be exposed to, and consequently placed in danger through, any exposure to any of the contaminants brought back by the U.S. military from war zones.”

Dr. Lorrin Pang, a consultant to the Big Island County Council on the issue of DU, also advised caution, noting that Dr. Rosalie Bertell has said the weaponry causes nano-particles to be released, as well as DU oxide.

“There is a newly recognized associated threat called nanotoxicity, especially from small metallic particles,” Pang said in a written statement. “Yet another unknown. With so many unknowns I suggest we adhere to the precautionary principle and honor our veterans by not further exposing them (and the public) to further unknown agents. Remember both Rokke and I are former Army and we are still watching out for the soldiers.”

 

Case grows against sex assailant

Case grows against sex assailant

DNA links Mark Heath to an unsolved crime that occurred in 2007

By Gene Park

POSTED: 01:30 a.m. HST, Dec 18, 2008

A man who has already pleaded guilty to burglary and sexual assault at the University of Hawaii at Manoa pleaded no contest yesterday to another sexual assault case.

After Mark Heath, 21, pleaded guilty on April 30 to breaking into University of Hawaii dormitories and taking underwear and other objects, his DNA sample was taken.

That DNA was linked to an unsolved 2007 sexual assault case. Heath has been in custody on a $1 million bail.

Deputy Prosecutor Thalia Murphy said she hopes to get a maximum of 60 years total for Heath’s crimes, including the university incidents.

“He’s a predator and he’s indiscriminate,” Murphy said. “This defendant knows no bounds. And yet if you were to look at him, he looks like someone you’d want your daughter to marry.”

In April 2007, Heath followed a woman unknown to him to her Ala Wai Boulevard apartment. The woman shut the door on him and went to sleep.

She awoke to find Heath raping her, chased him out but could not catch up to him.

Heath’s DNA was linked to that case. Yesterday he pleaded no contest to first-degree burglary and second-degree sexual assault.

On Aug. 19, 2007, Heath tried to cut off the panties of a female student at the Hale Mokihana dormitory on the Manoa campus. He also was accused of stealing women’s underwear and an iPod in November 2007.

Heath’s sentencing is scheduled for March 4.

A man who has already pleaded guilty to burglary and sexual assault at the University of Hawaii at Manoa pleaded no contest yesterday to another sexual assault case.
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After Mark Heath, 21, pleaded guilty on April 30 to breaking into University of Hawaii dormitories and taking underwear and other objects, his DNA sample was taken.

That DNA was linked to an unsolved 2007 sexual assault case. Heath has been in custody on a $1 million bail.

Deputy Prosecutor Thalia Murphy said she hopes to get a maximum of 60 years total for Heath’s crimes, including the university incidents.

“He’s a predator and he’s indiscriminate,” Murphy said. “This defendant knows no bounds. And yet if you were to look at him, he looks like someone you’d want your daughter to marry.”

In April 2007, Heath followed a woman unknown to him to her Ala Wai Boulevard apartment. The woman shut the door on him and went to sleep.

She awoke to find Heath raping her, chased him out but could not catch up to him.

Heath’s DNA was linked to that case. Yesterday he pleaded no contest to first-degree burglary and second-degree sexual assault.

On Aug. 19, 2007, Heath tried to cut off the panties of a female student at the Hale Mokihana dormitory on the Manoa campus. He also was accused of stealing women’s underwear and an iPod in November 2007.

Heath’s sentencing is scheduled for March 4.

Source: http://www.starbulletin.com/news/hawaiinews/20081218_case_grows_against_sex_assailant.html

Schofield soldier who broke into UH dorms now linked to Waikiki rape

HonoluluAdvertiser.com

August 26, 2008

Schofield soldier who broke into UH dorms now linked to Waikiki rape

By Jim Dooley
Advertiser Staff Writer

The soldier convicted in a series of dorm-room invasions at the University of Hawai’i-Manoa has been linked by DNA to an unsolved Waikïkï rape, according to an indictment returned this morning.

Mark Heath, 21, a Schofield Barracks soldier awaiting sentencing in the UH cases, faces a new charge of raping a woman during a burglary of her Ala Wai Boulevard apartment April 7, 2007.

The prosecutor’s office said the new charge was brought after a DNA sample taken from Heath following his guilty plea in the UH case in May was matched with biological evidence collected by Honolulu police in the Waikïkï case.

Heath is scheduled to appear in court tomorrow for a request that he be released on bail pending sentencing next month in the UH cases.

But bail in the new case was set by Circuit Judge Derrick Chan at $1 million.

Prosecuting Attorney Peter Carlisle said the new charge will be used tomorrow to oppose release before sentencing.

In May, Heath admitted burglarizing female students’ dorm rooms and sexually assaulting one student.

He told police that he entered a Hale Mokihana dorm room on Aug. 19, 2007, and used a pair of
scissors to cut off the underwear worn by a sleeping 18-year-old female student.

The victim woke up and screamed and Heath told police he pushed the woman away and escaped through a fire escape door.

He also admitted breaking into two rooms at Lokelani dormitory on Nov. 25, 2007, and stealing items while the students in the rooms slept.

The crimes created “a climate of fear” on the campus, according to Deputy Prosecutor Thalia Murphy.

Heath faces a maximum of 40 years in prison for the UH cases.

Heath is a father of two children. He was divorced in June.

Heath’s lawyer, Dean Young, could not be reached for comment on the new charge this morning.

The 25th Infantry Division said today that Heath was “administratively separated” from the Army in April of this year.

Soldier held in alleged dorm thefts

Soldier held in alleged dorm thefts

By Gene Park
gpark@starbulletin.com

An Army specialist about to be deployed to Iraq went into the University of Hawaii dormitories Sunday and allegedly pilfered panties and an iPod, police said.

Spc. Mark Heath, 20, was charged Monday night with first-degree burglary and unauthorized entry into a dwelling. He was arrested Sunday after he was caught in the Hale Aloha Lokelani dorms on Dole Street on the university’s Manoa campus.

According to court documents, at about 9 a.m. Sunday, Heath allegedly opened the door to a dorm room and stuck his head inside as he peered in. When he saw a male witness, Heath allegedly fled.

The witness ran after Heath and asked him why he was trying to get into his girlfriend’s room. Heath said he was looking for a male student in another room.

Heath was escorted to security. Police said officers who responded smelled alcohol on his breath. Heath was arrested on suspicion of unauthorized entry into the dorm.

When police patted Heath down, they found a 30- gigabyte iPod in his right pants pocket, the court documents say. Police also found women’s lingerie in his pockets.

A female student approached the officers later and said she was missing an iPod. The student confirmed the iPod and some of the lingerie belonged to her. Heath was arrested on suspicion of first-degree burglary.

Heath belongs to the 2nd Stryker Brigade Combat Team, 25th Infantry Division, which is based at Schofield Barracks and is preparing to deploy to Iraq next month.

Heath is being held in lieu of $100,000 bail and has no prior arrests.

Source: http://archives.starbulletin.com/2007/11/28/news/story05.html

Stryker soldier charged with UH dorm break-in

Army man charged with UH dorm break-in

By Rod Ohira

Advertiser Staff Writer

A 20-year-old man assigned to the Army’s Stryker brigade at Schofield charged in connection with Sunday’s alleged break-in at a University of Hawai’i at Manoa dorm room was in possession of stolen property, which included women’s underwear and an iPod, according to a court document. Mark Andrew Heath, accused of unauthorized entry into a dwelling and first-degree burglary, was being held in lieu of $100,000 bail awaiting a preliminary hearing Thursday at District Court on his warrantless arrest following his initial appearance at court today.

High bail was requested and granted because Heath presents a “danger to the community,” prosecutors said.

According to Schofield public affairs, Heath is a scout with Alpha Troop 2nd Squadron 14th Cavalry. The spokesperson was not sure if Heath is scheduled for deployment to Iraq with the Stryker brigade in coming weeks.

The soldier was arrested at 9:35 a.m. Sunday in the lobby of the Lokelani Dorm building at 2579 Dole St. by police investigating a reported break-in.

The unauthorized entry charge stems from Heath allegedly opening the door and entering a fourth-floor unit, according to an affidavit filed at District Court. A woman resident and her boyfriend were in the unit.

The boyfriend chased down Heath after he allegedly fled from the room.

When asked why he trying to enter the room, Heath allegedly said he was looking for a friend, “Travis Ford in dorm room 453,” the affidavit stated. Police and Campus Security said a check of the name and room number met with negative results, the document said.

According to witnesses, Heath appeared intoxicated, the affidavit said.

The woman resident of the dorm room Heath allegedly entered is the complainant in the unauthorized entry case.

Another 18-year-old female student and Lokelani Dorm resident identified a pink Nano iPod and
ingerie allegedly found in Heath’s possession as belonging to her, leading to the burglary charge.

The student told authorities the items were stolen sometime between Thanksgiving day and Sunday from her dorm room, the court document said. Her’s is a different room than the one in the unauthorized entry case.

UH spokesman Gregg Takayama said school officials are investigating how Heath gained entrance into Lokelani Dorm, which is part of the cluster of Hale Aloha campus dorms.

Takayama said the dorms have around-the-clock front desk check-in where guests are admitted only if escorted by a resident. Takayama declined comment when asked if Heath was a registered guest.

Dorm residents were also advised to lock their doors from the beginning of the current school year, Takayama said.

According to investigators, the dorms are not equipped with security surveillance cameras.

Source: http://the.honoluluadvertiser.com/article/2007/Nov/27/br/br8193742056.html

Drawing Battle Lines: Hawaiians on both sides testify at Stryker hearings

Drawing Battle Lines

Hawaiians on both sides testify at Stryker hearings

By lisa Asato

Publications Editor

The Army wrapped up five public hearings in Hawai‘i last month on its proposal to permanently base the Stryker Brigade Combat Team in Hawai‘i, Alaska or Colorado.

The hearings were the result of a ruling last year by the U.S. Ninth Circuit Court of Appeals that halted Stryker-related work until the Army made an environmental analysis of other possible sites besides Hawai‘i, which was the only site previously considered. Training resumed on a limited basis last December.

During the course of the hearings, testimony was offered by Native Hawaiians on both sides of the issue. Activist and former gubernatorial candidate William Ailä was among those who testified that the draft Environmental Impact Statement still isn’t sufficient. “I think the process is being manipulated to arrive at the decision to stage the Stryker

here,” he said.

Ailä said the Army Chief of Staff and other decision-makers are not being presented with

all the information they need to make an informed decision.

Among the shortcomings, he said, is that a site-specific EIS was done for Hawai‘i but not for the two other sites under consideration at Fort Richardson, Alaska, and Fort Carlson,

Colorado, nor was one done for an alternate interim combat team, which may replace the

Stryker brigade.

Ailä also said a new quality-of-life criterion, added after the original EIS in 2004, “predisposes Hawai‘i as the selection site” because 99.5 percent of service members would choose Hawai‘i over Alaska or Colorado. “That automatically gives (Hawai‘i) a higher rating,” he said. Critics of the plan also oppose the brigade’s impact on endangered species and cultural sites, Ailä said.

Meanwhile, William Prescott, a Native Hawaiian retired Army sergeant and Vietnam veteran, said the EIS is “more than adequate to satisfy the requirements that’s been placed on (the Army).” He also challenged the use of words like “sacred” in the EIS, saying it

should be deleted or referred to as “formerly considered sacred” if it refers to Hawaiian gods and religion, because King Kamehameha II abolished the Hawaiian religion in 1819.

Prescott said soldiers need to train, and people should remember that they are here because our congressional delegation brings them here. “If (people) have any complaints, they should take it up with the people they elected, not on the men who are going to be committed to combat to defend our freedom,” he said.

The planned Stryker brigade would comprise about 4,000 soldiers and 1,000 vehicles, including about 320 Stryker combat vehicles, which would be based at Schofield Barracks and trained at Mäkua, Kahuku, Kawailoa and Dillingham Transportation Area on O‘ahu and at Pöhakuloa on Hawai‘i Island.

Last year, the Office of Hawaiian Affairs filed a complaint alleging the Army had failed to comply with federal law in performing construction work in the Schofield region, as

well as failure to comply with its own Programmatic Agreement of 2004, aimed at protecting cultural resources. OHA was a party to that agreement, and cultural monitors reported damage to Hale‘au‘au heiau by bulldozers, construction of a road over burial grounds and other violations. OHA is asking the courts to prohibit Stryker-related construction or training activity in that area until compliance is achieved.

The draft EIS may be viewed online at www.sbct-seis.org.

The public comment period ended Oct. 30. A video of the Stryker brigade EIS meeting

at Nänäkuli will air on ‘Ölelo channel 53 at 8 a.m. Nov. 9, 11:30 a.m. Nov. 10, 8 a.m. Nov. 16 and 12:30 p.m. Nov. 17.

Source: www.oha.org/pdf/kwo07/KWO0711.pdf

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